Wyeth v. . Braniff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1878, which reversed a judgment .in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1878, which reversed a judgment .in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. (Reported below, 14 Hun, 537.) • This action was brought to set aside an assignment of a judgment to defendant Braniff of an action to foreclose a mortgage made by the plaintiff herein, and also to set aside a sale under said judgment, a deed on such sale to defendant Garrett, a judgment for a deficiency and to enjoin Braniff from enforcing…
1Opinion of the CourtDanforth, J.
There is before us a single question whether the evidence sustains the finding of the trial term, that the judgment or decree was assigned to Thomas Braniff, as collateral security for a loan made by him to the' plaintiff, at an unlawful rate of interest. The plaintiff was the only witness. He shows that he was the maker of a bond and mortgage? dated May 28, 1856, given to one Moore, to secure the payment of $2,000. A foreclosure was perfected September 4, 1871, and a sale of the mortgaged premises was about to take place. At this point of time, the plaintiff says“ One Van Auken, a broker ”…
2Cases cited5 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Dewitt v. . BrisbaneNew York Court of Appeals · 1858
- Algur v. . GardnerNew York Court of Appeals · 1873
- Kellogg v. . AdamsNew York Court of Appeals · 1868
3Cited by10 opinions
- Ganz v. . LancasterNew York Court of Appeals · 1902
- Searl v. EarllDistrict of Columbia Court of Appeals · 1948
- Sloane v. MartinNew York Supreme Court · 1893
- Central Trust Co. v. DeweyAppellate Division of the Supreme Court of the State of New York · 1917
- Bliven v. LydeckerNew York Supreme Court · 1889
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